The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-09-14
CITATION.
THE STATE OF TEXAS.
To THE SHERIFF OR ANY CONSTABLE OF
DALLAS COUNTY-GREETING

THE STATE OF TEAAS.
To THE SHERIFF OR ANY CONSTABLE OF
DALLAS COUNTY-GREETING:
You are hereby commanded, that by max
ing publication of this citation in some
newspaper, published in the county OF
Dallas, for four successive weeks. previous
to the return day hereof, you summon A.
N. Carter, Eva May Carter and N. Wheeler
whose residence Is unknown, to be and APP
pear before the district court, to be holden
In and for the county of Dallas, at the court
house thereof, in the city of Dallas, on the
End Monday in October next, then and
there to answer.to the petition of c. w.
Smith filed in said court, on the fourteenth
Nay of September, A. d., 1887 against the
said A. N. Carter, Eva May Carter and N.
Wheeler, and alleging in substance as fol-
lows, to-wit:
That on or about October Ind 1871, g. H..
Smith, the father of plfl, made and entered
into copartnership with w. Il. Carter. of
the city of Houston, Texas. for the purpose
of buying and selling.the Wheeler & Wilson
sewing machines and among other things
1t was stipulated that G. Ii. Smith should
put into the businessS10, 100000 with which
he fully complied, and that he (Smith) should
share In the ratio of of the profits of said
business. Plff further AYERS that In the
year 1876 e. II. Smith departed this life in
Knox county, Tennessee, bequeathed by mis-
last will and testimcnt all of his interest in
said cOpartnership to plG, which said will
was duly probated and recorded in Knox
county, Tennessee. PHI further ayers that
the said w. Il. Carter departed thislife dur
ing the year OF 1874 and that before dying
he published his last will and testament
which was probated in Harris county,
Texas, during said year, and by said
will he bequeathed to- A. N.
Carter large amount of property
he was supposed to own, and to defendant,
Eva May Carter, certain property now
owned by your petitioner. Plaintiif ayers
that the said w. Il. Carter was lns0lvent ut
the time of his death and the copartner-
ship was largely involved in debt, and the
said A. N, Carter qualified in due time US
such executor and proceeded to settle up
the business of said c0partnership. Plain
tiff further AYERS that the following de-
aeyibed property had been during the exist
nee OF said c0partnership transferred to
defendant, N. Wheeler, president OF Wheel
or & Wilson Sewing Machine company, to
secure said company in debt owing to them
by said copartnership by deed OF trust.
That said defendant has been paid of and
discharged. That on or about July II,
1877, plaintiff and defendant, A. N. Carter,
executor as aforesaid, in order to settle up
the business of said copartnership entered
into an agreement, by the terms OF which
it was agreed that plaintiff should take in
said defendant, Wheeler, to make to your
plaintiff deed for tho right, title and inter-
est which he held rs trustee to said prop
erty. Plaintiff AYERS that he entered into
the possession Of said property mt the date
OF said agreement and has occupied and
held same ever since. That the said N.
Wheeler though often requested, mas failed
and refused to execute q deed of release to
said property, and that the other defend
ants (Carters) are setting up some pretend
ed claim or tide to said property, the nature
and extent Of which is not known TO plain
tiff. Said property is situated in Dallas
county, Texas, as follows: Lots and of
the Redfield addition, being in the corpor-
ate limits OF the city of Dallas, part of the
John Grigsby league and part of 1000
acre tract bought by Thos. Field of 7. G.
Jordan, and part OF the tract bought of
Thos. Field by w. X. Carter Il Co. Also
east half of lot No. In block No. 30 accord
ing to the original map Of the city Of Dallas.
also that tract of land lying and being situ-
ated in the northeast angle of intersection
of Portland and Cadiz streets, in the Young
and Browder subdivision of the city of Dali
las, being lot fronting on Portland street
and numbered in OdelPs plot Of said
tract, beginnigat a point on thenortheast side
OF Portland street N. 40 W. 70 ieet from N.
Il. angle OF intersection of said Portland
and Cadiz street. Thence s. 40 w. 80 feet;
thence N. 40 u. lou leet, thence ,. 10 II. 0O
feet; thence s. 45 w. 1870 feet to Of be-
ginning.
Also one lot and building in block los
Smith, Martin & Murphey's. addition to
city OF Dallas; conveyed by Thomas Field
to W. Il. Carter e. Co.; recorded in Dallas
County Records, book No. 45 and 40. That
the residence Of defendants is unknown to
plaintiffs. Prays judgment against Whee-
Ter, and other defendants, divesting
title out Of them and vest
ing in plaintiff; that all cloud cast
upon plaintiffs title be removed; that he
have a perfect title to said property, for
costs, etc.
Herein fail not, but have you then and
there before said court this writ, with your
return thereon, showing you have executed
the same.
Witness, ii. w. Jones, clerk of county
court of Dallas county. Given
under my hand and seal of said
1s' court, in the city of Dallas, this
- the 18th day Of September, A. ID.
1887.
II. w. JONES.
Clerk District Court Dallas Co.
BY ]. II. STEWART, Deputy.